Family laws hindu law, muslim laws, special marriage act. Pdf postcolonial states responded differently to the groupspecific personal laws that were recognized in many colonial societies. It was said that persons becoming hindu by conversion are also hindu and the hindu law applies over them too. For a thorough knowledge on hindu law one must sit with these great masters. Vijay sardana marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage. Under hindu law, the wife has an absolute right to claim maintenance from her husband. Though initially a divorce could be granted only if such spouse was living in adultery, by the marriage laws amendment act, 1976, the present position under the hindu marriage act is that it considers even the single act of adultery enough for the decree of divorce.
We have now the codified hindu law in the form of acts and also the uncodified hindu law, and also the decisions of our supreme court and various high courts. Hindu law valid, void and voidable marriages under hindu. Modern hindu law includes both hindu by birth and hindu by religion under the term hindu. Maintenance hindu, muslim, christian and parsi laws. The aim of the paper is to make the peruser mindful of the arrangements of divorce under the hindu marriage act, 1955. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. The hindu marriage act is an act of the parliament of india enacted in 1955. Section 2 provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce. Doc hindu law college notes for exames naveen kumar. Concept of marriage in muslim law legal service india. There are many areas where the hindu law needs to upgrade itself, for example, the irretrievable breakdown theory as a valid ground for divorce is still not recognised under the hindu marriage act, 1955, and even the of supreme court have expressed their concern on this. A hindu marriage joins two individuals for life, so that they can pursue dharma duty, artha possessions, kama physical. The hindu marriage act of 1955 has reformed the marriage according to hindu law. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows.
So, hindu law should define who is a hindu, and upon whom the hindu law applies. The hindu marriage act is based on the fault theory in which any one of the aggrieved spouses section 1 can approach the court of law and seek the remedy of divorce. Islamic rules of intestate succession, sharers, residuary and kinders, doctrine of radd and aul. In upcoming video we will discuss the nature of hindu marriage and essential. Classroom live lectures edited, enlarged and updated. It analyses how the concept was nonexistent under ancient law due to the sacramental nature of marriage but was introduced under the hindu marriage act, 1955. Here we have also given some reference books and related books pdf. But after enforcement of hindu marriage act, 1955 there are certain grounds on which marriage shall be declared null and void. Present position the hindu marriage act, 1955, provides a definition of sapinda relationship. Difference between hindu law and muslim law difference between.
Given in sections 5 under the topic marriage essentials of valid hindu marriage. There are different laws like hindu marriage act, 1955, the hindu succession amendment act, 2005, the hindu minority and guardianship act, 1956 and the hindu adoption and maintenance act, 1956 which govern the personal laws of the. The term sruti is the collective reference to the four vedas which are considered to have divine origin. Study of related theories and sections of hindu marriage act, 1955. Traditional hindu law recognizes eight forms of marriage, of which threebrahma, asura, and gandharbaare the most prevalent. Also, this law has not only codified hindu marriage law. But the two theories diverge as to who is a nearer sapinda and so lead to contrary conclusions particularly in the law of inheritance.
Hindu marriage act 1955 pdf free download notes finance. When the wife files a maintenance petition through her divorce attorney, the burden to declare his income shifts to the husband, who has the right to defend the maintenance petition. Hindu law is known as dharma and is defined in those texts collectively called the dharma sastras. But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can. Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Types of maintenance under hindu laws under the hindu maintenance laws, there are 2 types of maintenance that can be claimed by the wife.
Download the pdf from the orange download button below. This chapter also deals with legislative changes from ancient law on gotra and pravara and its modifications, intercaste marriages and its modifications, widow remarriages under hindu widow remarriage act, 1856. A marriage arya samaj marriage or an arranged marriage is directly registered by the registrar of marriage under section 8 of hindu marriage act1955 on the same working day. Customary hindu practices in marriage and divorce that are outside the traditional norm are also recognized under indian law. Mar 01, 2017 matrimonial remedies under hindu marriage act,1955 1. Concept of property under islamic law, hiba, wakfs. A portion of hindu law has been codified by parliament in four actsi the hindu marriage act, 1955. Annulment of marriage under hindu law legal service india. Of course many relations who are sapindas under vijnarteswaras theory would also be sapindas according to this theory. Right of hindu wife to maintenance under hindu adoption and maintenance act half of the indian populations too are women. Before the parliamentary enactment there was no concept of end of marriage or nullity of marriage under hindu personal law and marriage it treated as holy and strong wedlock for whole life.
It further provides that the district judge may on a petition made by a muslim married woman, dissolve a marriage on any ground recognised by muslim personal law i. The shariat act repeated a calcutta decision, burham vs. Please click on the below links for more information. What is the nature of sapinda relationship under hindu. The hindu marriage act 1955 provides for essential conditions for the validity of a hindu marriage, registration of hindu marriages, restitution of conjugal rights, judicial separation, nullity of marriage, divorce etc.
Nullity of marriage under the indian laws ipleaders. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects. Hindu marriage act, 1955 with pdf download updated 2019. The hindu marriage contemplated by the act hardly remains sacramental. Thus, instead of living a life filled with regret and remorse, the parties may chose to part ways.
What are the grounds of divorce under the hindu marriage act. Introduction hindu marriage act, 1955 has reformed hindu law of marriage. Smritis refer to manusmriti, naradasmriti and parasharasmriti written by renowned and learned. This video talks about meaning and definition of hindu marriage. This is a submission on the options thus given to a party frustrated by hisher marriage under the special marriage act, 1954. Principles of inheritance under muslim law sunni law other articles dower or mahr. The aggrieved party may apply, by petition to the district court, for the restitution of conjugal rights. Pdf the dissolution of a hindu marriage by divorce. It lays down that the legally wedded couple must live together throughout the life sharing pleasures and pains. The term hindu law is a colonial construction, and emerged after the colonial rule arrived in south asia, and when in 1772 it was decided by british colonial officials, that european common law system would not be implemented in india, that hindus of india would be ruled under their hindu law and muslims of india would be ruled under. Dec 21, 2018 this video talks about meaning and definition of hindu marriage. One of the important implications of section 9 of the hindu marriage act, 1955 is that it provides an opportunity to an aggrieved party to apply for maintenance under section 25 of the hindu marriage act, 1955. Unhappy marriages are socially undesirable and are a breeding ground for delinquent children. Aug 14, 2018 kinds of guardianship guardianship in marriage, person and property.
It has also introduced many important changes in many aspects. Another case morarji vs administrator general1929 madras. Divorce means the dissolution of marriage by a competent court. Marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage. B family law hindu law unit i revision study notes for ll. Hindu law valid, void and voidable marriages under hindu marriage act, 1955.
An act to regulate the marriage of and provide for matrimonial causes between. However, with the passage of anand marriage amendment bill in 2012, sikhs now also have their own personal law related to marriage. Here is the full bare act for hindu marriage act, 1955 in beautifully written as well as downloadable pdf form. People who are searching for hindu marriage act 1955 book pdf can find here. Short title and extent 1 this act may be called the hindu marriage act, 1955. What are the grounds of divorce under the hindu marriage. In the hindu marriage act, there are some provisions given regarding a valid divorce, i. They throw light on the hindu law, marriage, divorce, loans. In hindu law, marriage is treated as a samaskara or a sacrament. It is considered as a landmark in the history of social legislation.
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